Coit v. . Campbell, Etc.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, denying a motion on the part of the plaintiff to revive the action against the representatives of the defendants.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, denying a motion on the part of the plaintiff to revive the action against the representatives of the defendants. (Reported below, 20 Hun, 50.) This action was brought by plaintiff as judgment creditor of the firm of Campbell & Moody, of which firm defendant Campbell was the surviving partner, to reach certain lands, the title to which was in defendant Palmer, but which the complaint alleges were held by him in trust for the benefit of said firm. The action was commenced in 1867. Defendant Palmer…
1Opinion of the CourtRapallo, J.
Both of the defendants having died, the plaintiff claims an absolute right to revive or continue this action on motion, by virtue of section 757 of the Code of Civil Procedure, as amended in 1879, which reads as follows: “ Section 757. In case of the death of a sole plaintiff, or a sole defendant, if the cause of action survives or continues, the court must, upon a motion, ■ allow or compel the action to be continued by or against his representative or successor in interest.”
The construction of this section, as applicable to equitable actions, to which class this action belongs, is involved…
2Cases cited2 opinions
- Beach v. ReynoldsNew York Court of Appeals · 1873
- Washington Insurance v. SleeNew York Court of Chancery · 1831
3Cited by42 opinions
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Feldman v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1940
- Hayes v. . NourseNew York Court of Appeals · 1889
- Parsons v. LipeNew York Supreme Court · 1933
- Jacob Hoffmann Brewing Co. v. WuttgeNew York Court of Appeals · 1923
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